AG2005/3061, Transcript of Proceedings [2005] AIRCTrans 594 (9 March 2005)

1800 534 258

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 10674

COMMISSIONER TOLLEY

AG2005/3061

s.170LJ - agreement with organisations of employees (division 2)

APPLICATION BY TRANSPORT WORKERS' UNION OF AUSTRALIA AND ANOTHER
(AG2005/3061)
Transport Workers (Bulk Milk Carters) Award 2002

MELBOURNE

9.58AM, MONDAY, 28 FEBRUARY 2005

PN1

MS H RYALL: I appear for the Transport Workers Union.

PN2

MR R MARASCO: I am from the Australian Industry Group acting on behalf of Murray Goulburn.

PN3

THE COMMISSIONER: Yes. Thank you. Ms Ryall, it was 43, sorry 44.

PN4

MS RYALL: Yes, Commissioner. The TWU would like to submit that this clause does pertain to the employment relationship. This clause allows for entry to work premises by a union official who is duly accredited for the purpose of conducting legitimate union business which includes interviewing employees, investigating complaints and inspection of a job. This right is not an unlimited right. It is conditional in that the official must not interfere with work at the site. They must comply with safety and visitors procedures and the company has the right to refuse entry if the official is unduly interfering with work.

PN5

Our submission is that this clause is at least ancillary to dispute settlement procedures set out in clause 35, which is quite a substantial clause. The object of that dispute settlement procedure is to promote resolution of disputes based on cooperation, communication and common sense. The clause reflects the unions have a role at the third stage of the dispute resolution procedure in discussions with the company management. The clause also contains commitment to resolve disputes without interruption to work in order to minimise losses of production and profits to the company.

PN6

We say that the clause is necessary and desirable and pertains to the employment relationship and it recognises the union role in dispute resolution. The clause reflects the need for communication between its employees and their representative, the union. The clause reflects that the quickest way to understand and assist with the dispute on the behalf of the union is by visiting the work site and we would again go through that this is not an unlimited right. The company does have a right of refusal and that refusal can then be brought before the Commission as a dispute. So in that respect we submit that this is a clause capable of certification.

PN7

In respect to the rest of the agreement we submit that all the requirements of the Act, Regulation and Rules have been met and unless you have any further questions of me, Commissioner, we just seek that the agreement be certified in the terms sought.

PN8

THE COMMISSIONER: Yes. Thank you, Ms Ryall. Mr Marasco?

PN9

MR MARASCO: If the Commission pleases, the position of the company is that it supports the certification of the agreement and we would adopt and support the submissions made by the TWU in relation to clause 44.

PN10

THE COMMISSIONER: Yes. Thank you, Mr Marasco.

PN11

MR MARASCO: Thank you.

PN12

THE COMMISSIONER: Well, first in respect to clause 44, the Commission agrees with the submissions of the parties, it is a necessary adjunct to the dispute settlement procedure and this provision is not an onerous impost on the employer. It is a two way street with enough protection for both parties. Accordingly, because the matter has been filed pursuant to the rules of the Commission and meets the requirements of the Act, the Commission says that pursuant to section 170LT of the Workplace Relations Act, the agreement should be certified. The agreement shall come into force from today's date, 28 February 2005 and is to remain in force until 31 December 2007. Thank you. The matter is adjourned.

<ADJOURNED INDEFINITELY [10.03AM]